Franklin Sugar Refining Co. v. Hanscom Bros.

Citations

• 273 Pa. 98
• 116 A. 140
• 1922 Pa. LEXIS 526

Syllabus

<p>Practice, C. P. — Affidavit of defense — Pleadings—Information and helief — Contract—Statements to deceive — Averment of reliance thereon necessary.</p> <p>1. A denial in an affidavit of defense is of no effect, if based solely upon the alleged ignorance of the defendant, without making inquiry regarding the facts averred.</p> <p>2. Averments of the statement of claim not denied by the affidavit of defense must be taken as true.</p> <p>3. A general averment in an affidavit of defense is unavailing to defeat a rule for judgment for want of a sufficient affidavit of defense.</p> <p>4. An averment in an affidavit of defense upon information and belief only, where the affidavit also sets forth that the transaction occurred with defendant personally, cannot avail to defeat a rule for judgment for want of a sufficient affidavit of defense.</p> <p>5. An affidavit of defense which avers certain statements were made for the express purpose of deceiving defendant and others, is unavailing unless it also avers defendant acted in reliance thereon.</p> <p>Contract — Sale of goods — Selection of grade — Option—Delivery ! — Measure of damages — Market price — Repudiation of contract.</p> <p>6. It is no defense to a contract, that it was entered into because of opinions or predictions regarding future events.</p> <p>7. A contract for delivery during a specified month, or as soon thereafter as is possible, is not broken merely because the delivery was not made during the specified month.</p> <p>8. A contract for the sale of a graded commodity, which requires delivery to be made of the goods selected by the buyer, is not broken by the seller if the buyer does not notify him of the grade desired.</p> <p>9. If such a contract also provides that the seller may furnish some other grade, if the buyer does not specify within a reasonable time, the seller cannot complain because the buyer fails to exercise the option thus given.</p> <p>10. In such case the damages are determined by the m